20 Jan '14, 4pm

UDRP Panel Oversteps Its Authority & Transfers 17 Year Old

Complainants contend: (1) on August 6, 2006 YKK acquired all right, title and interest in the MURKO Mark and the goodwill associated with it; (2) Respondent neither owns nor acquired any proper rights in the MURKO Mark nor have Complainants given Respondent permission to use the Domain Name or assign it to himself; (3) Respondent has no affiliation with YKK; (4) Respondent does not own any trademark applications or registrations for the MURKO Mark or any variants of it; (5) Respondent has not used or prepared to use the Domain Name or any name corresponding to the Domain Name in connection with an offering of (his) goods or services. Using the Domain Name as it always has been used to direct the public to Murko’s, and now Complainants’, website is not a bona fide offering of goods or services by Respondent or a legitimate noncommercial or fair use; it only highlights Respo...

Full article: http://www.thedomains.com/2014/01/20/udrp-panel-oversteps...

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